Rights of Husband in Divorce

The seven-letter word ‘divorce’ involves almost a seven-fold wear and tear in a relationship before concluding separation. Moreover, when the wife files for divorce, the husband faces several social and legal problems, and most of the time, the problems arise because the husbands are usually unaware of their rights.

A legal separation involves a legal procedure that is to be followed to get legal status to the separation. The procedure must be complied with carefully, as any negligence at this point, may create more hassle in future.

Divorce imposes an extra burden on husbands through alimony and child custody, but if the husband is well acquainted with the legal rights he has, the situation can be much easier.

Alimony

Alimony is not a matter of right that every divorced wife gets from her husband. It is a consequential matter, that is decided by the Court under several circumstances.

If the wife was subjected to cruelty

No matter, how much a wife is earning, but if she has been subjected to cruelty, physically or mentally, then in such a situation, her application asking for alimony shall not be straightaway rejected.

She may get permanent alimony, rather most of the time, the Court passes an order allowing her to get a hefty amount as one-time alimony from the husband.

Wife is not financially independent

Sec. 125 of the CrPC specifies the duty of the husband towards wife, under the following condition:

  • Wife is unable to earn: If the wife is unable to earn herself to maintain her livelihood, due to certain physical disability or lack of education, the husband is supposed to pay her a certain amount at a regular interval monthly or quarterly, to enable her to live a dignified life.
  • Wife is well qualified: When the wife is not earning, but she is well educated and qualified enough to do a job, then the court shall instruct the wife to find a job to maintain her livelihood, and pass an order to pay maintenance of a certain amount to maintain herself during the period of her job search.
  • Wife is Not Remarried: In case the wife is remarried or in a romantic relationship with another man, the ex-husband is not liable to pay any alimony.

Child Custody
When a couple is separating, the question arises, with whom the child is going to stay, as well as who is going to take care of the expenses of the child. Before going deep into the discussion and analysis, let us know what the legislation has said:

As per the Hindu Minority and Guardianship Act 1956, the Hindu child below 5 years of age, the mother gets custody, as it is believed that the mother is the best person to provide the best care of the child. In case, the mother is proved before the Court that she is careless or mentally unstable to take proper care of the chi9ld, the father can claim custody.
Similarly, for the age groups of 5-14 years and 15-18 years, the child is asked by Court with whom he/she wishes to stay.  However, children between 5-14 years can be easily influenced, if the father is accusing the mother to be incapable of taking good care of the child, it is subject to be proven.

Though the wife has some specific and well-implemented rights at the time of divorce, it will be wrong to say that the husband is helpless at the time of divorce and has to obey whatever the wife claims. The husband, being a citizen of India, has the right of being heard and protected from any kind of injustice. He just requires an eminent divorce lawyer to represent his side in Court, and LawSimpl can help to hire a divorce lawyer.

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